1 CGHC010193012026 2026:CGHC:28881 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4811 of 2026 Sagar Kandra Alias Magga S/o Samsugam Kandra Aged About 24 Years R/o Ruabandha, Bhilai, Police Station Bhilai Nagar, Durg, District Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through By Collector Through S.H.O. Police Station Pulgaon, District Durg Chhattisgarh ... Non-Applicant For Applicant : Mr. Avinash Chand Sahu, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 330/2025 registered at Police Station- Pulgaon, District- Durg, (C.G.) for the offence punishable under Sections 309(6), 308(2), 310(2), 238 of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that a complainant had gone for a walk at around 09:30 pm after asking me. While walking, they took me to their village Pisegaon to show me their house. In the night, three VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.10 18:18:49 +0530 2 boys, one named Sagar and two others, beat up the boy Durgesh Bandhe, took away Durgesh's mobile phone and using the same mobile phone, they are repeatedly demanding money by impersonating my daughter Tanisha and Durgesh. and blackmailing of rs 5000/- If you don't give it quickly, they are threatening to make the video viral Hence the F.I.R is being registered in the above mentioned offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant is not named in the FIR, no weapon or other incriminating article has been recovered from his possession, and no looted money has been seized from him. The only allegation against the applicant is that he had allegedly purchased the stolen property from the co-accused, whereas the principal allegations of robbery are against the other accused persons, particularly co-accused Jamil, and the applicant has been implicated merely on the basis of the memorandum statements of the co-accused. It is further submitted that the applicant was not present at the place of occurrence and that the material prosecution witnesses examined during trial have not supported the prosecution case insofar as the present applicant is concerned. Learned counsel further submits that similarly situated co- accused, namely, Tirath Sonkar, Jalam Singh @ Jai Singh and Bhola Nishad, have already been enlarged on bail by this Court vide orders dated 23.03.2026, 13.04.2026 and 01.05.2026, respectively. It is also submitted that the charge-sheet has already been filed, no further custodial interrogation of the applicant is required, the applicant has been in judicial custody since 13.08.2025, and the trial is likely to take considerable time to conclude. The applicant is a permanent resident 3 of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready to furnish adequate surety and abide by all such terms and conditions as may be imposed by this Hon'ble Court. On these grounds, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. It is further submitted that the applicant has one criminal antecedent and, therefore, he is not entitled to the grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the co-accused, Tirath Sonkar, Jalam Singh @ Jai Singh and Bhola Nishad, have already been enlarged on bail by this Court in MCRC No. 2695 of 2026, MCRC No. 1448 of 2026 and MCRC No. 4006 of 2026 vide orders dated 23.03.2026, 13.04.2026 and 01.05.2026, respectively, and that the case of the present applicant stands on the same footing, further considering that the charge-sheet has already been filed before the competent Court, the applicant has been in judicial custody since 13.08.2025, and the trial is likely to take considerable time to conclude, this Court is of the considered opinion that the applicant is entitled to be released on bail on the ground of parity. 7. Accordingly, the bail application of the applicant is allowed. Let the 4 Applicant – Sagar Kandra Alias Magga, involved in Crime No. 330/2025 registered at Police Station- Pulgaon, District- Durg, (C.G.) for the offence punishable under Sections 309(6), 308(2), 310(2), 238 of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the 5 case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav